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Jury Member Apologizes to Philen for Guilty Verdict, Life Sentencing

By: Josh Berry
Updated: January 13, 2012
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A Brownwood judge overturned a ruling Friday in a murder case that sentenced Randall Philen to life in prison for the murder of his brother.

One of the jury members responsible for the guilty verdict and life sentencing of Philen, came forward and directly apologized to the person they sent away for life.

Since the trial that sent Randall Philen away for life, Joyce Leidig has felt something was wrong.

She was on that jury that found Philen guilty, but she initially voted not-guilty.  The rest of the jury however, and the possibility of a hung jury, convinced her to vote otherwise.

Now she regrets that decision.

"He did need an apology," said Leidig.

When she apologized to Philen, she realized just how much it's effected her.

"I came up to apologize to him, and he ended up comforting me."

The disappointment she felt, is the same in the person the jury sent away.

Philen explained how he felt during and after the trial. He said, "I was disappointed in the justice system because it was not working for me or my family."

They're both moving on now though. Philen holds no grudges on the jury. He said they were doing their job with the evidence that was presented.

All that matters now is, he's out.

When Leidig remorsefully apologized to Philen, he took a step back.

Leidig explained the meeting. She said, "He threw his hands up in the air and said I'm a free man."

With the latest developments in the case however, Philen is waiting for a different kind of retribution.

"They had their parole," Philen referred to the four suspects in custody, all facing capitol murder charges. "Now they get to go do their time. I was doing their time, now they're going to trade places."

"I was sorry for everything that happened to him," Leidig said as she choked back a tear.

Now they're asking for help. Philen was left without a job, driver's license and not much more than the clothes on his back. With an investigation and trial still looming, he can't afford the fees. So friends are setting up a fund in his name.

"Randall's out, but he's broke," explained Perk Carrier.

Carrier befriended Philen when he was initially sent to jail after the murder in 2009. Carrier knew Philen's parents and believed every word Philen claimed about his innocence.

"[If] There's some folks that have a little bit extra in their pocket that they'd say 'I'd like to help a real needy guy; a good guy that's gonna use it for good'... well this is their opportunity," said Carrier.

Philen's taking advantage of his  knew opportunity. He renewed his driver's license Friday and there's talks, of him already getting a job.

Philen isn't necessarily in the clear though. Despite the verdict and sentencing being set asside, the original indictment still stands and a new trial is pending. The latest overturning just means he's not a convicted felon.

As soon as a fund is set in place, we will notify that here.

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